Marketing Representation Agreement Template for Malaysia

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Key Requirements PROMPT example:

Marketing Representation Agreement

"I need a Marketing Representation Agreement for appointing an exclusive marketing agency to represent my tech company's software products in East Malaysia, with specific provisions for digital marketing and a commission structure based on subscription sales."

Document background
The Marketing Representation Agreement is essential for businesses operating in Malaysia who wish to engage external parties to represent and market their products or services. This document is particularly relevant in today's diverse Malaysian market where companies increasingly rely on specialized marketing expertise to expand their reach. The agreement addresses key aspects such as territorial rights, commission structures, marketing standards, and compliance with Malaysian regulations including the Consumer Protection Act 1999 and Personal Data Protection Act 2010. It's designed to protect both the principal company's interests and the marketing representative's rights while ensuring clear communication of expectations, responsibilities, and performance metrics. The document is adaptable to various industries and can accommodate both traditional and digital marketing approaches while maintaining compliance with Malaysian legal requirements.
Suggested Sections

1. Parties: Identification and details of the principal company and the marketing representative

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope: Terms of appointment and detailed scope of marketing representation services

5. Territory and Exclusivity: Geographical area of representation and whether the appointment is exclusive

6. Rights and Obligations: Detailed responsibilities of both the representative and the principal

7. Compensation: Fee structure, commission rates, and payment terms

8. Marketing Standards: Required standards, compliance with laws, and approved marketing practices

9. Intellectual Property: Usage rights and restrictions regarding trademarks, logos, and marketing materials

10. Confidentiality: Protection of confidential information and trade secrets

11. Term and Termination: Duration of agreement and circumstances for termination

12. Post-Termination: Obligations and restrictions after agreement ends

13. General Provisions: Standard legal clauses including governing law, notices, and assignment

Optional Sections

1. Performance Targets: Specific marketing and sales targets, used when performance-based metrics are required

2. Digital Marketing: Specific provisions for online marketing activities, needed when digital marketing is a key component

3. Sub-Representatives: Terms for appointing sub-representatives, included when sub-contracting is permitted

4. Training and Support: Details of training and support provided by principal, included for complex products/services

5. Compliance with Specific Industries: Additional compliance requirements for regulated industries

6. Data Protection: Detailed PDPA compliance terms, required when handling personal data

7. Non-Competition: Restrictions on representing competing products/services

8. Insurance: Insurance requirements, included for high-risk activities

Suggested Schedules

1. Schedule 1 - Products/Services: Detailed list of products or services to be marketed

2. Schedule 2 - Territory Details: Detailed description of geographical territories and any exclusions

3. Schedule 3 - Commission Structure: Detailed breakdown of commission rates and calculation methods

4. Schedule 4 - Marketing Guidelines: Specific guidelines and requirements for marketing activities

5. Schedule 5 - Reporting Requirements: Templates and timing for required marketing activity reports

6. Schedule 6 - Approved Marketing Materials: List of pre-approved marketing materials and approval process

7. Appendix A - Brand Guidelines: Principal's branding requirements and usage guidelines

8. Appendix B - Compliance Checklist: Checklist of regulatory and compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Consumer Goods

Retail

Technology

Manufacturing

Professional Services

Healthcare

Education

Financial Services

Real Estate

Telecommunications

Fashion and Apparel

Food and Beverage

Tourism and Hospitality

Relevant Teams

Legal

Marketing

Sales

Business Development

Compliance

Commercial Operations

Brand Management

Partner Relations

Product Management

Corporate Communications

Relevant Roles

Marketing Director

Business Development Manager

Sales Director

Chief Marketing Officer

Commercial Director

Legal Counsel

Compliance Officer

Marketing Manager

Sales Manager

Channel Manager

Partnership Manager

Regional Sales Director

Brand Manager

Product Manager

Agency Relations Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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